POLK COUNTY ORDINANCE NO. 18-fil6

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

POLK COUNTY, FLORIDA; ESTABLISHING THE NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2017); PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND

NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF

SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Polk Urban Management Project, LLC, a Florida limited liability company ("Petitioner"), has filed a Petition to Establish the North Powerline Road Community Development District (the "Petition") with the Board of County Commissioners of Polk County (the "County Commission") pursuant to Section l 90.005(2)(a), Florida Statutes, to adopt an ordinance establishing the North Powerline Road Community Development District (the "District") pursuant to Chapter 190, Florida Statutes (2017); and

WHEREAS, Petitioner is a Florida limited liability company authorized to conduct business in the State of Florida, whose address is 346 E. Central A venue, Winter Haven, Florida 33880;and

WHEREAS, the owners of one hundred percent (100%) of the real property to be included in the District have consented to the establishment of the District; and

WHEREAS, pursuant to Section 190.005(2)(e), Florida Statutes, the City Commission of the City of Davenport adopted Resolution 387-18 on March 29, 2018, consenting to the establishment of the District by the Polk County Board of County Commissions; and

WHEREAS, all interested persons and affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the County on June 5, 2018, pursuant to Section 190.005(2)(b ), Florida Statutes; and

WHEREAS, upon consideration of the record established at that duly noticed hearing, the County Commission has considered the record of the public hearing and the statutory factors

set forth in section the Petition; and

I 90.005(2)(c),

Florida Statutes,

in

making its determination to grant or deny

WHEREAS, the County Commission, pursuant to the information contained within the

Petition and based on an investigation conducted by the Polk County (the "County") staff and

otherwise being fully advised as to the facts and circumstances contained within the request of

the District, finds as follows:

( 1)	The statements within the Petition are true and correct; and

(2)	The	Petition	is	complete	in	that	it	meets	the	requirements	of	Section

190.005(2)(a), Florida Statutes (2017); and

(3)	The appropriate County staff have reviewed the Petition for establishment of the District on the proposed land and have advised the County Commission that said Petition is complete and sufficient; and

(4)	Establishment of the District by this Ordinance is subject to and not inconsistent with any applicable element or portion of the state comprehensive plan or the Polk County Comprehensive Plan; and

(5)	The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; and

(6)	The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and

(7)	The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development

services and facilities; and

(8)	The area that

	government; and

will

be served by the District is amenable to separate special-district

WHEREAS,

decided	to	grant  the

Development District;

pursuant  to  the  information  stated

District's  Petition  to  establish  the

and

above,  the  County  Commission  has North  Powerline  Road  Community

2

WHEREAS,  establishment of the District will constitute

responsive and economic way to deliver community development

in the Petition; and

a timely, efficient, effective, services in the area described

WHEREAS,	the  establishment  of  the  District  shall  not  act  to  amend  any  land		
development approvals governing the land area to be included within the District; and		
WHEREAS,	upon the effective date of this establishing Ordinance, the North Powerline		
Road  Community	Development District,  as created  by general  law,  will be duly and  legally		
			
authorized to exist on the proposed property and to exercise all of its general and special powers		
as limited by law.				

NOW THEREFORE, BE IT ORDAINED BY COMMISSIONERS OF POLK COUNTY, FLORJDA:

THE

BOARD	OF

COUNTY

SECTION 1.	TITLE.  This Ordinance shall be known and may be cited as the "North		
Powerline Road Community Development District Establishment Ordinance."		
SECTION 2.  BOARD FINDINGS.  The Board findings set forth in the recitals to this		
Ordinance are hereby incorporated in this Ordinance.			
SECTION  3.	AUTHORITY.	This  Ordinance  is  adopted  in  compliance  with  and		
				
pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida		
Statutes.					
SECTION 4.	CREATION OF	DISTRICT; DISTRICT NAME.  The Petition filed to		
				
create the North Powerline Road Community Development District	is hereby granted and there		
is  hereby  created  a	community  development  district,  which  is	situated  partially  within		
unincorporated Polk County, Florida, and partially within the City of Davenport, Florida, which		
District shall be known as the ''North Powerline Road Community Development District."		

SECTION  5.	EXTERNAL  BOUNDARJES

OF

THE

DISTRICT.

The  external

boundaries

of

the  District  are  described  in

Exhibit  A

attached  hereto  and  incorporated  by

reference, within the

the overall boundaries external boundaries of

encompassing 190,?6 the District that are to

acres, more be excluded

or less. There are no parcels from the District.

3

SECTION

6.

FUNCTIONS	AND	POWERS.

The	District	is	limited	to	the

performance of those powers and functions as described in Chapter 190, Florida Statutes.	The		
District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire,		
construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities	for:		
parks  and  facilities  for  indoor  and  outdoor  recreational,  cultural,  and  educational  uses  as		
authorized  and  described  in  Section	190.012(2)(a),	Florida  Statutes;  and  security  powers,		
						
including but not limited to walls, fences, and electronic intrusion detection, as authorized and		
described in Section 190.012(2)(d), Florida Statutes.	In the exercise of its powers, the District		
shall comply with all applicable governmental laws, rules, regulations and policies including, but		
not limited to, all Polk County ordinances and policies governing land planning and permitting		
of the development to be served by the  District.   The District shall not have any zoning or		
permitting powers governing land development or the use of land.  No debt or obligation of the		
District shall constitute a burden on any local general purpose government.				
SECTION	7.	BOARD OF SUPERVISORS:	The five persons designated to serve as		
initial members of	the District's Board of Supervisors are as follows:  Warren (Rennie) Heath, II,		
Lauren Schwenk, Andrew Rhinehart, Philip Allende, and Kevin Chinoy. All of the above-listed		
persons are residents of the state of Florida and citizens	of the United States of	America.			
SECTION 8.	SEVERABILITY.	If any provision of this Ordinance,	or the application		
						
thereof,  is  finally  determined  by  a court	of	competent jurisdiction  to  be  illegal,  invalid,  or		
unenforceable,  such provision shall be deemed  severable and  the remaining provisions shall		
continue  remain  in  full  force  and  effect  provided  that  the  invalid,  illegal	or unenforceable		
provision is not material to the logical and intended interpretation of this Ordinance.			
SECTION 9.	EFFECTIVE DATE.	This Ordinance shall be effective immediately		
					
upon receipt of acknowledgement that a copy of this Ordinance has been filed with the Secretary		

of

State.

4

DULY ADOPTED

by the

Polk County Board

of

County Commissioners with a quorum

present and voting this

5th

day

of

June,

2018.

BOARD OF COUNTY COMMISSIONERS

OF POLK COUNTY, FLORIDA

By:

ATTEST:

POLK COUNTY

CLERK

OF

THE

BOARD

	-		
By:	J.J J uNu ::1:\ ~lo~		
			
	c1erk/Deputy Clerk of the Board		
As authorized for execution at the Board of		
County Commissioners meeting of:		

5

EXHIBIT A

LEGAL DESCRIPTION

PARCEL 1 (272634-000000-022030)

THE SE-1/4 of SE-1/4 OF SECTION	34, LESS THE SOUTH 933	.34 FEET OF THE EAST 933.34	
SECTION 34, ALL IN TOWNSHIP 26	SOUTH, RANGE 27 EAST,	POLK COUNTY, FLORIDA.	

FEET

THEREOF,

PARCEL 2 (272634-000000-022020)

THE SOUTH 933.34 FEET OF THE EAST 933.34 FEET OF THE SOUTHEAST¼ 34, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

OF

SOUTHEAST¼

OF

SECTION

PARCEL 3 (272635-000000-044010)

THE SW-1/4 OF SW-1/4 OF SECTION

FLORIDA.

35,

ALL

IN

TOWNSHIP

26

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

PARCEL

4 (272703-713500-010031)

PARCEL

"A":

FROM

THE

NE

CORNER

OF

THE

NW¼

OF

THE

NE¼

OF

SECTION

3,

TOWNSHIP

27S,

RANGE

27E,

POLK

COUNTY,

FLORIDA,

RUN

WEST,

ALONG

THE

NORTH

LINE

OF

SAID

SECTION

3,

595.8

FT.,

TO

THE

EASTERLY

RIGHT-OF-WAY

LINE

OF

US

HIGHWAY

NO.

17 &

92;

RUN

THENCE

S-12"46'30"-W,ALONG

RIGHT-OF-WAY,

125

.0

FT.;

RUN

THENCE

EAST,

PARALLEL

TO

THE

NORTH

LINE

OF

SAID

SECTION

3,

625.95

FT.,

TO

A

POINT

ON

THE

EAST

LINE

OF

SAID

NW¼

RUN

THENCE

NORTH,

ALONG

SAID

EAST

LINE,

121.91

FT.,

TO

POINT

OF

BEGINNING.

SUBJECT

TO

ANY

EXISTING

DEDICATIONS

OF

ROAD

RIGHT-OF-WAYS

IN

FLORIDA

DEVELOPMENT

COMPANY'SPLAT

OF

SAID

SECTION

3.

AND

PARCEL

"B"

FROM

THE

NE

CORNER

OF

THE

NW¼

OF

THE

NE

¼

OF

SECTION

3

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

RUN

WEST,

ALONG

THE

NORTH

LINE

OF

SAID

SECTION

3,

595.8

FT

.,

TO

THE

EASTERLY

RIGHT-OF-WAY

LINE

OF

US

HIGHWAY

NO.

17

& 92;

RUN

THENCE

S-12°46'30"-W,ALONG

SAID

RIGHT

OF

WAY

LINE,

125.0

FT

.,

TO

THE

POINT

OF

BEGINNING;

RUN

THENCE

EAST,

PARALLEL

TO

THE

NORTH

LINE

OF

SAID

SECTION

3,

625.95

FT.,

TO

A

POINT ON THE EAST LINE

390.33  FT;  RUN  THENCE

OF SAID NW ¼	OF NE 1/4; RUN THENCE SOUTH, ALONG SAID EAST LINE,

N-77°13'30"-W,704.65  FT.,  TO  THE  EAST  RIGHT-OF-WAY  LINE  OF  SAID

HIGHWAY;

RUN

THENCE

N-12°46'30"-E,241.4

FT.,

TO

THE

POINT

OF

BEGINNING.

PARCEL 5 (272703-000000-011000)

THE NE¼  OF NE¼  OF SECTION 3, TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA.

PARCEL 6 (272703-713500-010200)					
FLA	TO 63	TRACTS 20, 21 LESS N 15 FT FOR		
DEVELOPMENT CO SUB PB 3 PGS 60				
OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27	EAST, POLK COUNTY, FLORIDA.		

ROAD

R/W

ALL

IN

NE¼

PARCEL 7 (272703-713500-010294)				
FLA		63, TRACT 29, NORTH ½  NORTH		
DEVELOPMENT CO SUB PLAT BOOK 3, PAGES 60 TO			
IN NE¼  OF SECTION 3, TOWNSHIP 27	SOUTH, RANGE 27	EAST, POLK COUNTY, FLORIDA.		

OF

CLAY

ROAD

PARCEL 8 (272703-713500-010282)

FLA DEVELOPMENT CO SUB PB 3 PGS 60 TO 63, SOUTH

SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA.

½

TRACT

28

IN

NEl/4

SECTION

3,

TOWNSHIP

27

PARCEL

9 (272703-713500-010220)

6

TRACT

22

LESS

NORTH

15

FEET

AND

TRACT

27

LESS

SOUTH

15

FEET

IN

FLORIDA

DEVELOPMENT

COMPANY'SSUBDIVISION,

ACCORDING

TO

MAP

OR

PLAT

THEREOF

RECORDED

IN

PLAT

BOOK

3,

PAGES

60 TO 63, FLORIDA.

IN

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

PUBLIC

RECORDS

OF

POLK

COUNTY,

PARCEL

10

(272703-713500-010231)

LOT

23,

LESS

THE

SOUTH

100

FEET

OF

THE

WEST

84

.74

THEREOF

AND

LESS

THE

NORTH

15

FEET

THEREOF,

LOT

24

LESS

THE

NORTH

15

FEET

THEREOF;

THE

EAST¾

OF

LOT

26

AND

ALL

OF

LOT

25,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHEAST

QUARTER

OF

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

FLORIDA

DEVELOPMENT

COMPANY

SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60-63,

OF

THE

PUBLIC

RECORDS OF  POLK COUNTY,	FLORIDA, SUBJECT TO AN	EASEMENT AS SHOWN ON  PLAT 30	
WIDTH, 15 FEET ALONG THE	EAST BOUNDARY OF THE	NORTHEAST QUARTER OF SECTION 3,	

FEET IN AND 15

FEET

ALONG

THE

WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER

OF

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

PARCEL

11	(272702-713000-030172)

LOTS

17,

18

AND

THE

NORTH

¾

OF

LOT

19,

LESS

THE

NORTH

15

FEET

OF

SAID

LOTS;

LOT

32

AND

THE

WEST

ONE

HALF

OF

LOT

31,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHWEST

QUARTER

OF

SECTION

2,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

THE

FLORIDA

DEVELOPMENT

COMPANY

SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60

TO

63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA,

SUBJECT

TO

AN

EASEMENT

AS

SHOWN

ON

PLAT

30

FEET

IN

WIDTH,

15

FEET

ALONG

THE

EAST

BOUNDARY

OF

THE

NORTHEAST

QUARTER OF SECTION 2.

SECTION

3,

AND

15

FEET

ALONG

THE

WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER

OF

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO

.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

CONTAINING

190.56

ACRES

MORE

OR

LESS.

7

STATE OF FLORIDA
DEPA:RTMENT~OF S T-ATE

I,  KEN DETZNER, Secretary of State of the State of Florida,
I'

do hereby certify that the above and foregoing is a true and correct

copy of Polk County Ordinance No.  18-036, which was filed in this

office  on  June	5,	2018,	pursuant, to	the	provisions	of  Section

125.66, Florida Statutes, as shown by the records of this office.

~ I	,.•)  .	-..  :,..	. ,		

y'

/
	,		
"	'I		
			
	'·		
	'		

,
,"

..

. '	Given under my hand and the
Great Seal of the State of Florida

at Tallahassee, the Capitol, this the

8th day of June, A.D., 2018.

1..:	I
•l~

Secretary of State